Another Roseville officer claims rights violated

It appears another Roseville police officer is getting ready to sue the force alleging his rights were violated by his superiors, according to an employment litigator.In a tort claim filed by Officer Andrew Palmore Feb. 18, Palmore alleges police management violated his rights when he was off duty and other officers went to investigate a fight Dec. 19, at the Boxing Donkey on Lincoln Street in Old Town Roseville. According to the police report, during an altercation at the bar, a woman was allegedly punched by a man and then her husband intervened by punching him. Reportedly the victim was transported to the hospital with a laceration to the nose. According to responding officers, Palmore was off duty at the bar and tried to break up the fight. The bouncer reportedly later told investigators Palmore was urinating in public, according to a responding officer. Roseville Police spokeswoman Dee Dee Gunther refused to comment on any of the disciplinary actions against Officer Palmore. Roseville Police Officer Association President Philip Mancini said Palmore was disciplined for questionable behavior because sworn officers are held to a higher standard. "Palmore's case involved off-duty activity, where no laws were violated, but his behavior was brought into question," Mancini said. "That being the case, he is afforded certain rights to ensure that whatever process the police department deems necessary to address his behavior, he would be protected. The allegation is that his rights weren't protected."The tort claim alleges Roseville Sergeant Missy Morris investigated Palmore without representation. According to the Police Officer's Bill of Rights the officer subject to interrogation shall be notified that they are the subject of an interrogation and have a right to representation. In response the department could be liable for a civil penalty of $25,000. However, according to city documents, Palmore's tort claim was denied March 2. An employment litigator James Ashworth from the Law Office of Mary Alice Coleman said denials are common practice. "As a matter of course the (cities) generally deny them because they don't have the time or the opportunity to investigate," said AshworthInstead Ashworth contends the tort claim is used as a tool for litigation. "The government tort claim is essentially a precursor to a lawsuit," Ashworth said. "You have to file the government tort claim within six months of any alleged tort in order to preserve your right to file a lawsuit."Last month, three Roseville officers filed a lawsuit alleging harassment due to an anti-gay culture at the police department. All three officers in that case filed tort claims with the city prior to the litigation. The lawsuit is currently in discovery phase and no trail date has been scheduled. Palmore had no comment when contacted by the Press Tribune.